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2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	92
35	Are there regulations governing conflicts of interest for the national-level judiciary?	57
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: The Judiciary Act of B.E. 2000, section 14 and Regulations on the Screening Test for Judges [ LINK ]

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments:

References: Judges Act of B.E. 2000, section 26 - 28 [ LINK ]

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Judges Act of B.E. 2000, section 14, 16, 36 and 47 [ LINK ]

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: The Constitution of the Kingdom of Thailand of 1997, chapter 4 section 311 states that:

An adjudication of a case shall be made by a majority of votes; provided that every judge constituting the quorum shall prepare his or her written opinion and make oral statements to the meeting prior to the passing of a resolution.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Constitution Court judges and Administrative Court judges are required to write their own reasons for their verdicts. These documents must be published in the Royal Government Gazette.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The name is "The Office of The Judiciary Commission."

References: Judges Act of B.E. 2543, chapter 3 section 36 and 47 [ LINK ]

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: Judges Act of B.E. 2543, section 39 and 59 [ LINK ]

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: Yes. Although the appellant does not have to give his name, the Committee of the Judiciary can investigate the judiciary if they have evidence. The Committee of the Judiciary has authority to make appeals and complaints.

References: Interviews with officials from the Disciplinary Unit in The Committee of The Judiciary on Oct. 15, 2007 [ LINK ]

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: First source: Yes. The officer stated that they must impose penalties on offenders according to the law.

Second source: The Committee of The Judiciary must appoint a sub-committee that has the authority to select, to suggest, to promote and to punish.

References: Yes. Interviews with officials from the Disciplinary Unit in The Committee of The Judiciary on October 15, 2007

Act of Parliament on Order of Juduciary, B.E. 2543, section 47 www.ratchakitcha.soc.go.th/DATA/PDF/2548/00175241.PDF

Peer Review Comments: Penalties are rare and judicial corruption is rampant.

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Organic Act on Counter Corruption of B.E. 2542 (1999), section 4 and 39

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: According to Notification of the N.C.C. Commission Concerning the provisions of the acceptance of property or any other benefit on ethical basis by State officials 2000, section 4 states that any State official shall not receive property or any other benefit from any person other than legitimate property or benefit derived under the law, rules or regulations issued by virtue of the provision of law, with the exception of the acceptance of the property or any other benefit on the ethical basis in accordance with this Notification.

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: 1. Organic Act on Counter Corruption, B.E. 2542 (1999), section 4 and 39

2. The Auditor General Act of B.E. 2542, section 4 and 15 [ LINK ]

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: The first source stated that that the law is not specific about judges entering the private sector after leaving the government.

The second source is specific that judges must not be on committees, or become a manager or adviser in private partnership.

References: Interview with official of the academic administration in The Committee of The Judiciary

Judges Act of B.E. 2543, section 59

[ LINK ]

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: The source states that the law is not specific nor does it prohibit the judiciary from entering the private sector after leaving the government. A judge can work with the private sector when he or she leaves the government. Furthermore, there is no law to hinder them.

References: Interview with the academic administration in The Committee of The Judiciary

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: Mr. Sarawut Benjaku, Deputy Secretary General of Court of Justice, was informed that Mr. Panya Thanomrod, Head of The Supreme Court, set up the investigative committee to prove the corruption case brought against the judge who judged the action regarding the dissolved political party.

References: The Nation News, They Informed That Although There Are Regulations, We Cannot Solve This Problem, June 9, 2007 [ LINK ]

Peer Review Comments: Corruption is rampant in the judiciary agency.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: The first source states that not every level of judiciary assets must be disclosed. The three levels of the judiciary who must disclose are the president of the Supreme Court, the deputy of the Supreme Court and the judiciary in Supreme Court.

The second source is not specific regarding whether every level of judiciary asset disclosures is audited.

References: Interview with officer in the office of asset auditor 1. Tel. 02-2070763-70

The Organic Act on Counter Corruption, B.E. 2542 [ LINK ]

Peer Review Comments: I am not aware of any audits resulting in serious consequences for judges.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: Judges must disclose their assets to the Office of The National Counter Corruption Commission (NCCC). But the NCCC shall not reveal this information to any person.

References: Constitution of the Kingdom of Thailand B.E. 2540, section 293 and 303

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: No, the Constitution of 1997 did not specific that citizens can access judicial asset disclosure records.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: The 1997 Constitution did not specific that citizens can access asset disclosure records of judges.